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(영문) 수원지방법원성남지원 2015.08.25 2014가단22481
물품대금
Text

1. The Defendant’s KRW 21,945,00 for the Plaintiff and 6% per annum from January 15, 2012 to August 25, 2015.

Reasons

1. Basic facts

A. The plaintiff is a company that manufactures packaging machinery, etc., and the defendant is a company that manufactures lighting machinery, etc.

B. On November 21, 201, the Plaintiff entered into a contract with the Defendant to manufacture and supply 3,1350,000 won (including value-added tax; hereinafter the same shall apply) for the packing machine and 1 set of a water storage tunnel (hereinafter “instant machine”). The main contents of the instant contract are as follows.

-The location of the installation of food-Article 3 (Equipment Installation) equipment shall be the place designated by the defendant, and the plaintiff shall dispatch an engineer to the site and complete the installation and trial operation.

Article 5 (Prohibition of Substitute Payment), 30% of the down payment, 40% of the intermediate payment (the time of completion of production and interim inspection), and 30% of the balance (after completion of installation and trial run) in cash. Article 7 (Examination) The plaintiff shall actively cooperate when the defendant requests an interim inspection.

C. On November 23, 2011, the Defendant paid the down payment of KRW 9,405,000 (30% out of the price) to the Plaintiff pursuant to the instant contract.

On January 13, 2012, the Plaintiff agreed with the Defendant to sell the instant machinery to other companies while keeping it in the Plaintiff’s factory, and completed the trial operation of the instant machinery in the presence of Defendant employees on the same day.

E. After that, the Defendant notified the Plaintiff of the rescission of the instant contract on March 2012.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the claim for the price of goods

A. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant completed the test operation of the instant machine on or around January 13, 2012, and thus, barring any other special circumstances, the Defendant, barring any other special circumstance, deemed as follows: (a) the remainder of the machinery price under the instant contract (3,1350,945,000 won) and the scope of the Defendant’s obligation to perform, as sought by the Plaintiff, as seen earlier from January 15, 2012.

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